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CA: Appeals court overturns Forest Service logging rule (9th Circus)
AP on Bakersfield Californian ^ | 12/5/07 | AP

Posted on 12/05/2007 3:34:01 PM PST by NormsRevenge

A federal appeals court has ruled the U.S. Forest Service violated federal law when it allowed logging projects without analyzing their effects on the environment.

The 9th U.S. Circuit Court of Appeals sided with environmentalists who challenged a Bush administration rule that exempted certain timber sales and prescribed forest burns from environmental analysis.

The Wednesday decision by the San Francisco-based court overturns a lower court ruling that favored the administration.

The Sierra Club and Sierra Forest Legacy sued in 2004 challenging the Forest Service rule, which has been a key component of the Bush administration's "Healthy Forests Initiative."


TOPICS: Business/Economy; Culture/Society; Government; US: California
KEYWORDS: 9thcircuit; appealscourt; forestservice; healthyforests; logging; overturns
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To: Carry_Okie

Being no expert on NEPA, I am admittedly not an authority on the law, nor the intent. I am only saying that when the two judges that ruled against the Bush Administration position are presumably conservative Republican judges, the fault may rest with the law and not the judges.


21 posted on 12/07/2007 11:34:40 AM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: backtothestreets
I am only saying that when the two judges that ruled against the Bush Administration position are presumably conservative Republican judges, the fault may rest with the law and not the judges.

It's a legitimate point, but I have my issues with it. To me, this looks more like the Bush Administration posturing as if it doesn't want forests to burn and then throwing the case.

22 posted on 12/07/2007 11:39:21 AM PST by Carry_Okie (Duncan Hunter for President)
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To: Carry_Okie
"To me, this looks more like the Bush Administration posturing as if it doesn't want forests to burn and then throwing the case."

Could be. It could also be an effort by the judges to have this elevated to the Supreme Court to have some part of the law thrown out. That would be a political move, and the courts are occasionally known to be politically motivated.
23 posted on 12/07/2007 11:57:42 AM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: backtothestreets
...the courts are occasionally known to be politically motivated.

You don't say? Gosh, what is the world coming to?

That post passes for the "irony of the day." Thanks for the chuckle.

24 posted on 12/07/2007 12:17:02 PM PST by Carry_Okie (Duncan Hunter for President)
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To: backtothestreets; Carry_Okie
"and the courts are occasionally known to be politically motivated."

Even federal judges with lifetime appointments still read/watch/listen to the media of all types and watch election results on election night... You betcha they aren't politically sterile!!! They are also still human and my point about social/family pressure still stands.

Judges are generally lawyers that pursued judicial system politics. Yes, there is such a hierarchal(sp?) system of politics, just as there is another political system regarding water usage and another called corporate politics. There's even politics in religious and scientific institutions and especially in institutions of higher learning. Nothing in life is immune to political pressures!!!

In every encounter in life, a sale is made! Either I sell you on my point of view, or you sell me on yours!!! (this includes the courtroom, for certain!!!) It's how we change things in society without killing each other!!!

25 posted on 12/07/2007 12:25:22 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: Carry_Okie

My pleasure! ;)


26 posted on 12/07/2007 12:35:42 PM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: SierraWasp; Carry_Okie

I’m not discounting your point about social/family pressure. Something about this decision is way out of kilter. Let’s wait to see if the ruling is challenged. It might help clarify the picture. If the intent of the ruling is to elevate this to the Supreme Court for the purpose of having some part of the law overturned, the court system is working fine as the Supreme Court can only hear cases brought before the court. In other words, the Supreme Court does not (thankfully) scour the country looking for laws or decisions to be brought before the court.


27 posted on 12/07/2007 12:47:26 PM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: backtothestreets; Carry_Okie

Well there are some, particularly by the Warren Court, that are begging to be re-visited due to “unintended consequences!” (”Cows Don’t Vote”/”One Man, One Vote,” for instance)


28 posted on 12/07/2007 1:10:21 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: SierraWasp

“Even their indoctrinated children coming home from school are castigating them and IT HURTS!!! “

We got this Green BS from our sons until they got in high school. Then the youngest one spent 16 years in PravdaPortland and came back a little green.

The oldest son is more conservative than I am now, and the younger son continues to recover from his gang green infections.

Amazingly, my trophy wife, who can be a little liberal on some social issues, never bought the green lies, spins and green bs.


29 posted on 12/07/2007 2:56:40 PM PST by Grampa Dave ("Ron Paul and his flaming antiwar spam monkeys can Kiss my Ass!!"- Jim Robinson, Sept, 30, 2007)
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To: Grampa Dave

It’s a little like President Reagan’s kids... ya just never know which way the twig is gonna git bent!!! The adopted one came to be his most conservative kid. Ron has turned out to be a very self-centered liberal punk. The daughter... well, who knows???


30 posted on 12/07/2007 8:13:24 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: Grampa Dave

And look how Cheney’s have turned out!!!


31 posted on 12/07/2007 8:14:10 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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